Tuesday, December 31, 2013

Sweeney v. Sweeney case brief

Sweeney v. Sweeney case brief summary
11 A.2d 806 (1940)

Plaintiff administratrix appealed the judgment of the Superior Court in Middlesex County (Connecticut), rendered for defendant brother of the decedent in a suit to cancel a deed.

The decedent and his brother executed two deeds. One conveyed the property owned by the decedent to the brother, and the other conveyed it back to the decedent. This second deed was destroyed in a fire, and the decedent's wife brought this action against the brother. The brother claimed that the deed conveying the property back to the decedent was to have effect only if the brother predeceased the decedent.


  • On appeal, the court reversed the trial court judgment in favor of the brother, and remanded the case for new trial because the second deed was delivered to the decedent. 
  • The alleged condition was inoperative because the delivery was not made to a third party to hold for the parties pending some future event. 
  • The court recognized that honoring the rule of the law might have been ignoring the intent of the parties, but determined that it was necessary.

The court reversed the judgment for decedent's brother, that determined that he was the owner of certain land, and remanded for a new trial.

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